Re Zoning Property from RS-3 to RT3.5 or RT 4
Member since 2023 · 3 posts · 2 votes
Re Zoning Property from RS-3 to RT3.5 or RT 4
Most Popular Reply
Lender · Chicago IL · Member since 2020 · 357 posts · 229 votes
2yHey Nicolas: Here's where I recommend you start.
1. Connect with a local architect who specializes in new construction duplexes and get their feedback on the highest and best use of the land, as is. Since your lot is already zoned RS3, you can (by right) build a new SFH or 2-flat. You most likely won't need to rezone, or get a variance of any sort, unless your lot is shaped strangely. (eg, if your lot is not the standard 25 x 125, but some other multiple where the width is actually skinnier than 25, and the lenghth is longer than 125, and you want to reduce side setback requirements, eg.)
Additional Resources to check, 'FYIs', in case you want to learn more about rezoning in the future)
-Look up your address on the city's zoning map here to see how properties in your immediate vicinity are zoned. If you see at least a few zoned in the designations you mentioned above, that's potentially a good sign that you can get support from the local Alderman's office, and approval by the ZBA (zoning board of appeals), to rezone.
-Reach out to your Alderman's office. Speak with the director of development (they're not always titled that way, so just ask for whoever deals with area developments, new construction, rezoning, etc.) to ask if they'd be supportive of your plan. Your plan can be something rough like: I own a piece of vacant land at (address), and I'm looking to rezone it from (current designation) to (new designation) in order to build a new construction duplex which will consist of 2 condos for sale, or 2 aparment rentals, eg. Is that something the Alderman would be supportive of? *Again, this doesn't seem necessary on your current lot because you are allowed to build a 2-flat, by right, on RS3 land of that size.
-If it's determined that your Alderman would be supportive of your 'plan', and you've already connected with a local architect, you'll then want to reach out to a zoning attorney. Your architect can recommend someone they like or find your own.
*Note you do not need a zoning attorney, but I highly recommend you work with one.
*Also note that Aldermanic support is not required for a zoning change approval by ZBA. But I strongly urge anyone to always get Aldermanic support before proceeding because it makes life--and the entire project / process--a whole lot easier. :)
IN SUM: Based on what you've shared, it sounds like you won't need to rezone if you just want to build a duplex. Check with an architect first to be sure you can fit your vision into the existing lot, as it's zoned currently. If not, then the path of least resistance is to simply adjust your vision so it fits better into the lot, as-is. :) A zoning change can take up to 6 months, approval isn't guaranteed (despite Aldermanic support), and potentially cost a lot of money (architectural site / floor plans & dimensioned elevations, zoning attorney, holding costs, etc.)
Hope this helps. We're here if you have any other questions or would like to consider working with a design-build GC on your project. We specialize in new construction SFHs and small multi unit buildings in Chicago. Good luck!
Jennie Berger
9 Replies
- Lender · Chicago IL · Member since 2020 · 357 posts · 229 votes2y
Hey Nicolas: Here's where I recommend you start.
1. Connect with a local architect who specializes in new construction duplexes and get their feedback on the highest and best use of the land, as is. Since your lot is already zoned RS3, you can (by right) build a new SFH or 2-flat. You most likely won't need to rezone, or get a variance of any sort, unless your lot is shaped strangely. (eg, if your lot is not the standard 25 x 125, but some other multiple where the width is actually skinnier than 25, and the lenghth is longer than 125, and you want to reduce side setback requirements, eg.)
Additional Resources to check, 'FYIs', in case you want to learn more about rezoning in the future)
-Look up your address on the city's zoning map here to see how properties in your immediate vicinity are zoned. If you see at least a few zoned in the designations you mentioned above, that's potentially a good sign that you can get support from the local Alderman's office, and approval by the ZBA (zoning board of appeals), to rezone.
-Reach out to your Alderman's office. Speak with the director of development (they're not always titled that way, so just ask for whoever deals with area developments, new construction, rezoning, etc.) to ask if they'd be supportive of your plan. Your plan can be something rough like: I own a piece of vacant land at (address), and I'm looking to rezone it from (current designation) to (new designation) in order to build a new construction duplex which will consist of 2 condos for sale, or 2 aparment rentals, eg. Is that something the Alderman would be supportive of? *Again, this doesn't seem necessary on your current lot because you are allowed to build a 2-flat, by right, on RS3 land of that size.
-If it's determined that your Alderman would be supportive of your 'plan', and you've already connected with a local architect, you'll then want to reach out to a zoning attorney. Your architect can recommend someone they like or find your own.
*Note you do not need a zoning attorney, but I highly recommend you work with one.
*Also note that Aldermanic support is not required for a zoning change approval by ZBA. But I strongly urge anyone to always get Aldermanic support before proceeding because it makes life--and the entire project / process--a whole lot easier. :)
IN SUM: Based on what you've shared, it sounds like you won't need to rezone if you just want to build a duplex. Check with an architect first to be sure you can fit your vision into the existing lot, as it's zoned currently. If not, then the path of least resistance is to simply adjust your vision so it fits better into the lot, as-is. :) A zoning change can take up to 6 months, approval isn't guaranteed (despite Aldermanic support), and potentially cost a lot of money (architectural site / floor plans & dimensioned elevations, zoning attorney, holding costs, etc.)
Hope this helps. We're here if you have any other questions or would like to consider working with a design-build GC on your project. We specialize in new construction SFHs and small multi unit buildings in Chicago. Good luck!
Jennie Berger
- Member since 2023 · 3 posts · 2 votes2y
I just checked my zoning and it just comes up as “SINGL” I assumed it would be RS-3 since the lot is 25X125 and the area is mostly RS-3 Zoning lots. However my architect informed me that in order to do multi unit for RS-3 such as a Duplex 60% of the properties on the block would need to be multi unit instead of single family homes, and I ran the numbers out to be 53% of properties are multi unit not meeting the 60% threshold. Is this correct? That is why I came to believe I needed re zoning. Sorry for the confusion. The address is 820 N Lawndale Ave,Chicago,IL,60651 if that helps.
- Lender · Chicago IL · Member since 2020 · 357 posts · 229 votes2y
Maybe that area has a certain special restriction of which your architect is aware that I am not privvy to. Typically, RS3 permits SFHs and two-flats, by right. See here: https://secondcityzoning.org/zone/rs-3/
- Contractor · Chicago, IL · Member since 2016 · 4k+ posts · 2k+ votes2y
Hi there @Nicolas Tow! Congrats on your lot purchase in an awesome Chicago neighborhood like Humboldt Park.
@Jennie Berger gave you the whole kit & caboodle on Chicago zoning so I don't have a ton to ad, however, I'd highly encourage you to engage an architect like @Samuel Pavlovcik or @Prashanth Mahakali, both are awesome local Chicago resources.
Quality Builders4.966 Reviews - Architect · Chicago, IL · Member since 2020 · 214 posts · 236 votes2y
@Nicolas Tow Your Architect is correct that it sounds like the only option for you would be to obtain a Zoning Map Amendment to change to RT3.5 or higher.
@Jennie Berger The RS-3 Zone allows for Single-Family residences & 2-Flats as "Permitted Uses"; however, the RS-3 Zone still requires 2,500 sq.ft. of lot area per unit (i.e. 5,000 sq.ft. for a 2-flat) unless the lot meets the exception for the characteristic of the block as previously mentioned by Nicolas; then it can be reduced to 1,500 sq.ft. per unit in order to construct a 2-flat. More complex than it needs to be, I know, but what else is new when dealing with the City of Chicago...
Nicolas, it looks like there is some "spot zoning" within the proximity and the first thing I would recommend would be reaching out to your Alderman. This looks to be in the 27th Ward which is Alderman Walter Burnett Jr. I would also recommend reaching out to a Zoning Attorney and checking to see if they may have any additional insight as to the feasibility of obtaining a Map Amendment in this area. Feel free to reach out for some contacts/recommendations.
- Lender · Chicago IL · Member since 2020 · 357 posts · 229 votes2y
Quote from @Samuel Pavlovcik:
@Nicolas Tow Your Architect is correct that it sounds like the only option for you would be to obtain a Zoning Map Amendment to change to RT3.5 or higher.
@Jennie Berger The RS-3 Zone allows for Single-Family residences & 2-Flats as "Permitted Uses"; however, the RS-3 Zone still requires 2,500 sq.ft. of lot area per unit (i.e. 5,000 sq.ft. for a 2-flat) unless the lot meets the exception for the characteristic of the block as previously mentioned by Nicolas; then it can be reduced to 1,500 sq.ft. per unit in order to construct a 2-flat. More complex than it needs to be, I know, but what else is new when dealing with the City of Chicago...
Nicolas, it looks like there is some "spot zoning" within the proximity and the first thing I would recommend would be reaching out to your Alderman. This looks to be in the 27th Ward which is Alderman Walter Burnett Jr. I would also recommend reaching out to a Zoning Attorney and checking to see if they may have any additional insight as to the feasibility of obtaining a Map Amendment in this area. Feel free to reach out for some contacts/recommendations.
Samuel to the rescue! :)
- Member since 2024 · 1 post · 0 votes1y
Quote from @Samuel Pavlovcik:
@Nicolas Tow Your Architect is correct that it sounds like the only option for you would be to obtain a Zoning Map Amendment to change to RT3.5 or higher.
@Jennie Berger The RS-3 Zone allows for Single-Family residences & 2-Flats as "Permitted Uses"; however, the RS-3 Zone still requires 2,500 sq.ft. of lot area per unit (i.e. 5,000 sq.ft. for a 2-flat) unless the lot meets the exception for the characteristic of the block as previously mentioned by Nicolas; then it can be reduced to 1,500 sq.ft. per unit in order to construct a 2-flat. More complex than it needs to be, I know, but what else is new when dealing with the City of Chicago...
Nicolas, it looks like there is some "spot zoning" within the proximity and the first thing I would recommend would be reaching out to your Alderman. This looks to be in the 27th Ward which is Alderman Walter Burnett Jr. I would also recommend reaching out to a Zoning Attorney and checking to see if they may have any additional insight as to the feasibility of obtaining a Map Amendment in this area. Feel free to reach out for some contacts/recommendations.
Hi Samuel, Have you had any success with the 60% 2flat exception in rs-3? What goes into proving that it is over 60% and when do you do it (before submitting for a permit or when you apply)?
- Lender · Chicago IL · Member since 2020 · 357 posts · 229 votes1y
Quote from @Nicolas Tow:
I recently purchased a 3,125 square foot empty lot in the 27th ward area of Humboldt Park Chicago and I was wondering how difficult it is to re zone from RS-3 to RS3.5 or RT 4. I was hoping to do a new construction Duplex. Is very difficult to re zone in that area? Appreciate any help.
Did you ever rezone this? Inquiring minds want to know. :)
- Architect · Chicago, IL · Member since 2020 · 214 posts · 236 votes1y
Quote from @William Fisher:
Quote from @Samuel Pavlovcik:
@Nicolas Tow Your Architect is correct that it sounds like the only option for you would be to obtain a Zoning Map Amendment to change to RT3.5 or higher.
@Jennie Berger The RS-3 Zone allows for Single-Family residences & 2-Flats as "Permitted Uses"; however, the RS-3 Zone still requires 2,500 sq.ft. of lot area per unit (i.e. 5,000 sq.ft. for a 2-flat) unless the lot meets the exception for the characteristic of the block as previously mentioned by Nicolas; then it can be reduced to 1,500 sq.ft. per unit in order to construct a 2-flat. More complex than it needs to be, I know, but what else is new when dealing with the City of Chicago...
Nicolas, it looks like there is some "spot zoning" within the proximity and the first thing I would recommend would be reaching out to your Alderman. This looks to be in the 27th Ward which is Alderman Walter Burnett Jr. I would also recommend reaching out to a Zoning Attorney and checking to see if they may have any additional insight as to the feasibility of obtaining a Map Amendment in this area. Feel free to reach out for some contacts/recommendations.
Hi Samuel, Have you had any success with the 60% 2flat exception in rs-3? What goes into proving that it is over 60% and when do you do it (before submitting for a permit or when you apply)?
@William Fisher Yes, we have had success with this on Multiple occasions. There i a bit of research that needs to be completed early on in order to get a good judgement on the feasibility of this; from there, the "Official" way to ensure you could pursue this would be to request a "Zoning Opinion Letter" to receive an Official decision from the Department of Zoning in order to ensure this will not cause any issues during your permit review.
Join the conversationCreate a free account to reply, vote on answers and follow this thread.